Rajasthan High Court - Jodhpur
Sunil Kumar vs Subhash (2025:Rj-Jd:44816) on 13 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:44816]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1468/2025
Sunil Kumar S/o Badami Lal Dindor, Aged About 36 Years, R/o
Tamboliya Fala, Tehsil Galiyakot, Police Station Chitari, District
Dungarpur.
----Appellant
Versus
1. Subhash S/o Ramsan Pargi, R/o Tamboliya Fala
Chhapariya, , Police Station Chitari, Tehsil Galiyakot,
District Dungarpur. (Driver)
2. Mukesh S/o Shankar Lal Dindor, R/o Tamboliya Fala,
Bhatoda, Police Station Chitari, Tehsil Galiyakot, District
Dungarpur. (Owner)
3. Cholamandalam Ms General Insurance Company Limited
Chennai, Office Second Floor, E-52, Chitranjan Marg, C
Scheme, Jaipur. (Insurer)
----Respondents
For Appellant(s) : Mr. Gaju Singh Rathore
For Respondent(s) : Mr. Aditya Singhi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/10/2025
1. The instant Civil Misc. Appeal has been filed by the
appellants-claimants against the judgment and award dated
10.12.2024 passed by learned Motor Accident Claims Tribunal,
Dungarpur, (for short, 'learned Tribunal') in MAC Case
No.41/2022, whereby learned Tribunal has awarded a
compensation of Rs.41,863/-in favour of the appellant-claimant to
be paid by the respondents jointly or severally.
2. During the pendency of the appeal, both the parties i.e.
appellant-claimant and respondent-Insurance Company have
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[2025:RJ-JD:44816] (2 of 2) [CMA-1468/2025]
amicably resolved their dispute and mutually agreed upon the
amount of compensation. A memorandum of understanding dated
13.09.2025 has been placed on record evidencing such
settlement. The parties have, therefore, jointly prayed that the
appeal be disposed of, in the spirit of Lok Adalat.
3. In the spirit of Lok Adalat and with the consent of counsel for
both parties, the amount of compensation is enhanced by further
a sum of Rs.2,00,000/- which shall be treated as full and final
settlement of the claim. The aforesaid enhanced amount of
compensation shall be deposited by the respondent - Insurance
Co. before the learned Tribunal within a period of three months
from today, failing which, the same shall carry interest @ 7.5%
per annum from the date of this order till actual realization. Such
deposit, the learned Tribunal shall ensure that the amount of
Rs.2,00,000/- by the Insurance Company shall be disbursed to the
appellants-claimants in his respective savings bank account
without delay. Upon such disbursement, the entire claim of the
appellants-claimants shall be deemed to have been fully satisfied.
4. In view of above, the appeal stands disposed of.
5. Record of the Tribunal, if received, be sent back.
(MANOJ KUMAR GARG),J
119-GKaviya/-
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